Federal Conspiracy Defense

What Is A Federal Conspiracy Charge?

A “conspiracy” is an agreement by two or more people to commit an unlawful act. In other words, it is a kind of “partnership” for criminal purposes.

Are There Different Types of Federal Conspiracy Laws?

Yes. 18 U.S.C. § 371, which is often described as the general federal conspiracy statute, addresses conspiracies to commit an offense against the United States and conspiracies to defraud the United States or any agency of the United States.

In order to convict a federal criminal defense attorney's Defendant of this general conspiracy statute, the Government must prove four things:

  1. Two or more persons in some way agreed to try to accomplish a shared and unlawful plan.
  2. The Defendant knew the unlawful purpose of the plan and willfully joined in it.
  3. During the conspiracy, one of the conspirators knowingly engaged in at least one overt act as described in the indictment; and
  4. The overt act was committed at or about the time alleged and with the purpose of carrying out or accomplishing some object of the conspiracy.

In addition to this general federal conspiracy statute, there are a variety of conspiracy laws which outlaw certain specific types of conspiracy, such as:

  • 21 U.S.C. § 846 (conspiracy to distribute controlled substances)
  • 21 U.S.C. § 963 (conspiracy to import controlled substances)
  • 18 U.S.C. § 286 (conspiracy to defraud government by filing fictitious or fraudulent claims)
  • 18 U.S.C. § 1349 (conspiracy to commit fraud)
  • 18 U.S.C. § 24 (conspiracy to commit a federal health care offense)
  • 18 U.S.C. § 286 (conspiracy to submit fraudulent claims to the United States)
  • 18 U.S.C. § 1962(d) (conspiracy to violate RICO)

What Are The Penalties For A Federal Conspiracy Charge?

It depends on which conspiracy law is charged in the indictment. For example, in a health care fraud conspiracy, the maximum sentence for conspiracy is 10 years. In a conspiracy to commit bank fraud, the maximum sentence for conspiracy is 30 years.

Are you looking for the best federal conspiracy defense lawyer in Tampa Florida? Contact Attorney David C. Hardy.

Tampa Attorney David C. Hardy is a former prosecutor that now represents people in matters related to federal criminal offenses.

Attorney Hardy is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. In the Federal Courts, he has handled a wide variety of cases including international extradition, drug trafficking, bank fraud, health care fraud, immigration offenses, aggravated identity theft, the misbranding of drugs, and firearms offenses. He has represented clients in Federal Trial and Appellate Courts in Florida, Texas, and Georgia.

Attorney Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results. Contact Attorney Hardy for a free consultation.